Question 1

What are the key legal issues in ITA Nos. 6775/D/2013, 6555/D/2018 & 6367/D/2018?

Accepted Answer

1. Whether the limitation for passing the final assessment order under section 144C(13) of the Act is to be seen only with reference to the timeline specified under section 144C of the Act or whether it is also governed by the provisions of section 153 of the Act.

Question 2

What are the facts of ITA Nos. 6775/D/2013, 6555/D/2018 & 6367/D/2018?

Accepted Answer

The present adjudication involves a batch of three appeals pertaining to the same assessee, ExxonMobil Gas (India) Private Limited, for the assessment years 2007-08 and 2008-09. The assessee has challenged the validity of the assessment orders on the ground of limitation, considering the provisions of section 144C(13) read with section 153 of the Income Tax Act, 1961. The assessee argued that the assessment orders were passed beyond the stipulated period of limitation as per section 153 of the Act. The Revenue, on the other hand, objected to the adjudication of these appeals, arguing that the issue was sub-judice before the Hon’ble Supreme Court and that proceeding with the matter would be premature and lead to multiplicity of proceedings.

ITA Nos. 6775/D/2013, 6555/D/2018 & 6367/D/2018

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